A System of Justice
by DoctorH
Summary: A Murdoch Mysteries teleplay. A man who is universally hated is murdered. It seems unlikely that the Constabulary will ever capture the killer; but then a man confesses to the crime, and the case against him seems air-tight. Even so, witnesses come forward to say that the confessed killer is innocent! Has the notoriety of the case spoiled the evidence? Solution included.
1. Act 1

ACT I

(FADE IN. Establishing shot of Toronto, mid-day. CUT TO: Ext. of Station House Number Four. CUT TO: Int. of Station House Number Four, Brackenreid's office. BRACKENREID is at his desk, intensely reading a letter. BRACKENREID scowls, then looks up and sees MURDOCH arriving a the Station House and entering Murdoch's office. BRACKENREID stands, goes to the door of his own office, and beckons MURDOCH.)

BRACKENREID  
Murdoch!

(MURDOCH, who had been removing his hat and coat, turns and sees BRACKENREID make a 'Come here' gesture. MURDOCH abruptly places coat and hat on a coat rack and strides to Brackenreid's office. BRACKENREID returns to his chair behind his desk. MURDOCH enters the office.)

BRACKENREID  
Close the door!

(MURDOCH does so.)

BRACKENREID  
We have a problem. Do you remember Gerald Edward Stroman?

MURDOCH  
Yes. His case was notorious. He was sent to prison for murder two years ago, for killing his child. He claimed that the child's death was an accident, but the jury disagreed.

BRACKENREID  
That's the man. (with disgust) He should have gone to the noose, but instead he appealed his conviction in court. And I've just received a letter saying that the appellate court agreed with him. The appellate court didn't say Stroman was innocent; how could they? The case against him was clear! But the appellate court DID say that Stroman did not get a fair shake during his trial, and because his trial wasn't fair, his conviction cannot stand. Apparently the appellate judges were upset with how counsel for the crown handled the case, and how the judge let the crown counsel get away with some outrageous antics; but the appellate judges weren't critical of the Constabulary's work, if that is any comfort.

MURDOCH  
Mister Stroman is to escape the noose, then, at least until he can be given another trial; this time, a fair trial.

BRACKENREID  
No, he can't. There won't be any second trial. Two of the key witnesses against Stroman died from influenza last winter. Without them, there's really no case. Stroman is going to have to be set free.

(MURDOCH is speechless for a moment.)

MURDOCH  
(discouraged) That is disappointing. But it is a foreseeable consequence of the justice system that we have, as civilized people.

BRACKENREID  
There's no story about Stroman in this morning's newspaper, but you can bet there will be a story in the afternoon edition. And in tomorrow morning's newspaper as well.

(MURDOCH understands what is meant.)

MURDOCH  
And people are going to be angry.

BRACKENREID  
Angry. And afraid. A murderer will be living in their midst. Or I should say, in OUR midst. As I recall, Stroman's home is less than half a mile from here. So OUR constables may encounter, at the risk of understating it, some 'rather upset people' in our part of the city.

MURDOCH  
And we must be mindful of the public mood; it would not be good if the anger at the idea of Gerald Edward Stroman being a free man may spur a citizen to take the law into his or her own hands.

(BRACKENREID looks grave. CUT TO: Ext. of a burned-down house, mid-day [Thursday]. The house is no longer smouldering. Superimposed over the scene are the words "TWO WEEKS LATER". In the background, FIRE INVESTIGATORS, including Lester LENSKY, are moving about the scene, examining it, taking notes. LENSKY is clearly in charge, and he reviews things found by others and directs photographs be taken of things. In the foreground stands CRABTREE, who is joined by MURDOCH. )

MURDOCH  
Have the investigators found any more victims, George?

CRABTREE  
No, sir. The only known victim was the man whose body was recovered and taken away about two hours ago.

MURDOCH  
A man who was probably Gerald Edward Stroman.

CRABTREE  
Very likely, sir. This WAS his house.

(CRABTREE finds the next words difficult to speak.)

CRABTREE  
I saw the body myself, sir, and I am not in any position to verify that it was the body of Gerald Edward Stroman. The remains were, uh, too, uh, affected by the fire for me to make any sort of identification.

MURDOCH  
(sympathetically) Of course, George. Let Doctor Ogden make the identification, if she is able.

CRABTREE  
Yes, sir.

MURDOCH  
Where was the body found?

CRABTREE  
On the floor of the kitchen area, face up. The investigators suspect the fire started in the kitchen.

(MURDOCH makes a face.)

MURDOCH  
Perhaps this fire was an accident. But if the fire were accidentally caused by the stove in the kitchen, for example, the victim would have likely seen the fire and escaped from it. Yet he did not escape. Have the investigators indicated to you whether the fire was accidental or intentionally set?

CRABTREE  
All they have said is that it is a suspicious fire, sir; they have not reached any conclusions yet.

(MURDOCH ponders a moment.)

MURDOCH  
It may be that what we feared might happen did happen: someone was angry that Gerald Edward Stroman had been set free, and took matters into his or her own hands.

(MURDOCH and CRABTREE look at one another in understanding. FADE OUT.)


	2. Act 2

ACT II

(FADE IN. Establishing shot of Toronto, afternoon [Thursday]. CUT TO: Establishing shot of the exterior of the morgue. CUT TO: Int. morgue, which is clean. OGDEN sits preparing a report. MURDOCH enters. OGDEN notices.)

OGDEN  
William. (as if making small talk) Did you find those robbery witnesses you had been looking for?

MURDOCH  
One of them, yes, I did. The other is still eluding me.

(MURDOCH looks around at the clean facilities, and decides to get down to business.)

MURDOCH  
I take it you have completed your examination of the man we assumed to be Gerald Edward Stroman?

OGDEN  
Yes. I cannot give you a formal identification yet, but it appears likely that the body was that of Gerald Edward Stroman. I have found no evidence that would indicate that the body was NOT that of Stroman, and I have found two strong indications that it indeed WAS the body of Stroman.

MURDOCH  
Those indications being?

OGDEN  
The body recovered from the scene was that of a tall man, about six feet, three inches tall. Stroman was known to be a tall man, with a height of six feet, three or four inches, according to our records.

MURDOCH  
Yes.

OGDEN  
I also found a recent fracture of the body's left humerus, as if the bone had been recently broken and not set properly, causing the bone to heal in a slightly deformed manner. As I recall, Stroman's left arm had been broken while in prison, in a fight with another prisoner.

MURDOCH  
I believe that us correct. Do the prison medical records agree with what you found?

OGDEN  
I ought to know that by tomorrow. The records should be brought here for my review late today or early tomorrow. Those records ought to contain information about Stroman's teeth; the victim had a number of teeth missing. If the prison records show that Stroman's left humerus was fractured, and if they are a match to the dental condition of this victim, I think it likely that I will be able to positively identify the victim as Gerald Edward Stroman.

MURDOCH  
And there may be other indications as well, such as Bertillion measurements or measured height, as you mentioned.

OGDEN  
Quite right. The body was too badly burned to make any identification based upon facial features or finger marks.

(MURDOCH acts like he is about to leave.)

MURDOCH  
Well. I expect you'll be able to submit your formal report, with an official identification of the deceased, tomorrow.

(MURDOCH turns to go. OGDEN speaks as though he's forgetting something.)

OGDEN  
William?

(MURDOCH turns.)

OGDEN  
Before you go, wouldn't you like to know the cause of death?

MURDOCH  
(somewhat taken aback by his own carelessness) It wasn't the fire?

OGDEN  
The cause of death was not the fire. The cause of death was bullets fired into the chest. The victim was shot at least four times before he was burned. Those shots were the proximate cause of his death. I have recovered one of the bullets, the others having exited the body; but I can say that to a reasonable degree of certainty he was shot at least four times.

(MURDOCH takes a couple of steps toward OGDEN.)

MURDOCH  
So this was without doubt a homicide, not an accident.

OGDEN  
Indeed. I cannot speak to the cause of the fire, of course; but the death was NOT an accident.

MURDOCH  
Someone shot Gerald Edward Stroman, killed him, then burned his house to obscure the crime. The fire would destroy finger marks, footprints, other evidence of the murderer's identity.

OGDEN  
There is something else. It appears that the bullet wound paths are inconsistent with the victim being shot while standing up. I cannot say this with reasonable certainty, but it seems to me that the shots are more consistent with the victim being shot while lying down or reclining.

MURDOCH  
His body was found in the house, in the kitchen, in a supine position. Is it possible that he was shot in the kitchen, fell to the floor, and was then shot again, repeatedly?

OGDEN  
(slowly) Yes; but since all of the bullet paths that I found show the same general direction, I should think it more likely that all of the shots were fired while he was lying down and likely immobile.

(MURDOCH takes a moment to put the pieces together.)

MURDOCH  
(slowly) Is it possible that the victim heard the killer break into the house, and upon going to the kitchen to investigate, was knocked out, and then fell to the floor unconscious, and was then shot?

OGDEN  
It is possible, but not likely. Knocking out the victim implies significant head trauma, and I could find no such trauma.

MURDOCH  
That being so, then the victim may have been shot while asleep. It was night-time, after all. The victim would not sleep on the kitchen floor; he would sleep in his bed in the bedroom; and the killer may have shot the victim in the bedroom, while the victim was asleep. But that would mean that the killer would have dragged or carried the victim's body to the kitchen, before setting the fire. Which would suggest that the killer had considerable strength, as the victim was a large man.

OGDEN  
That scenario seems to be most consistent with what I found.

MURDOCH  
(continuing with the idea) The killer then set the fire in the kitchen. And by dragging the body to the kitchen, the killer would be more likely to destroy or despoil the body, the body being an important piece of evidence.

OGDEN  
And would make it difficult to catch whoever did this.

MURDOCH  
Yes.

(Silence for a few moments. OGDEN wants to raise an uncomfortable point.)

OGDEN  
And William?

MURDOCH  
Yes?

OGDEN  
(with difficulty) Have you considered whether a strenuous effort to catch whoever did this ought to be made?

(MURDOCH looks mildly nonplussed.)

OGDEN  
I mean, Gerald Edward Stroman was convicted of murdering his own son in a most brutal and repulsive fashion. As you may recall, Dr. Monroe was called in to examine the boy's body; and Dr. Monroe determined that the defense's contention, that the child's death was an accident, was utterly inconsistent with the evidence. According to the newspapers, his testimony in court was that the defendant's scenario was 'preposterous.' The public was outraged by Stroman's unconscionable crime.

MURDOCH  
Yes, I remember. The testimony was that Mister Stroman flew into a violent rage, and bodily threw his son to his death, (pause) because his child soiled his trousers.

OGDEN  
Yes. (hesitantly) I have to tell you, William, that I was completely repulsed by what Stroman did to his son. And as I examined what seemed to be Stroman's burned body, I could not help but think that Stroman got what was coming to him. I am somewhat ashamed to admit to such feelings, but I could not ignore them. I AM GLAD that he's dead.

(MURDOCH contemplates this sentiment before framing a response.)

MURDOCH  
The general public was infuriated by his horrific crime. Justifiably so. And when it was announced that Gerald Edward Stroman was going to be set free from prison, the public was outraged once again. I am certain that many people will share your sentiment, that this man was a criminal who deserved to die by the noose. I am certain that many will feel that whoever killed him ought not to be punished.

(MURDOCH pauses for a few moments.)

MURDOCH  
I, too, find it hard to be saddened by the death of Gerald Edward Stroman.

(MURDOCH pauses again.)

MURDOCH  
But my duty is clear. The killing of Gerald Edward Stroman is a crime, and I am obligated to investigate to the best of my ability. Whether this victim deserved to be shot or not, we as a civilized society cannot tolerate one individual executing another, even if such action were to be endorsed by the general populace after the fact.

(OGDEN feels a bit awkward but she knows what MURDOCH said is right.)

OGDEN  
That is true, of course. Well. I should have my final report ready by tomorrow, with a formal identification of the victim.

(MURDOCH and OGDEN stand momentarily in an uncomfortable silence. CUT TO: Ext. Station House Number Four, later in the afternoon. CUT TO: Int. Station House Number Four, Constables' area. HIGGINS is hard at work on a report. CRABTREE enters, and HIGGINS looks up. CRABTREE is obviously fatigued; he plops himself down at his desk.)

HIGGINS  
(with sympathy) Hard day, George?

CRABTREE  
Very. But most of my work at the Stroman house is done. (with a groan) And all I have to do is put together my report.

(CRABTREE readies paper to prepare his report.)

HIGGINS  
Did you find any more bodies?

CRABTREE  
No. (to himself) Thank goodness.

HIGGINS  
Did they figure out the cause of the fire?

(CUT TO: Brackenreid's office. BRACKENREID, standing by his desk, hears the pending question and the answer through his open office door.)

CRABTREE  
Yes. The fire was deliberately set.

(CUT TO: The Constables' area. BRACKENREID comes out of his office and approaches CRABTREE.)

BRACKENREID  
Did you say, they confirmed the fire was 'deliberately set,' Crabtree? In other words, NOT an accident?

CRABTREE  
Yes, sir. The investigators felt that the fire probably started in the kitchen, but they agreed that the fire spread too quickly for it to have been an accident. They believe that an agent such as kerosene was used to cause the fire to engulf the house quickly.

BRACKENREID  
Kerosene. You can get that anywhere. Did we recover any evidence as to WHO might have done it?

CRABTREE  
Yes, sir, but there is not much to go on. I spoke to a number of witnesses, mostly neighbours. Two neighbours reported a stranger in the neighbourhood about an hour before the fire. They could not give a very helpful description of this stranger, however. Average height, average build, dark clothing, possibly having a mustache, possibly wearing a wide-brim hat. No one mentioned seeing him carrying any container that may have held kerosene.

BRACKENREID  
Did any of the witnesses hear gunshots?

CRABTREE  
(slightly surprised) Gunshots? No, sir. That is, no one heard anything unusual prior to the fire.

BRACKENREID  
Was anyone seen running from the scene?

CRABTREE  
No, sir.

BRACKENREID  
Was anyone unusual seen watching the house burn down?

CRABTREE  
No, sir. By nine-forty-five last night, the fire had attracted a number of onlookers, but the first people on the scene were neighbours at about nine-thirty, and they reported no one out of the ordinary. (after a moment) Sir, do I understand correctly that there may have been gunshots around the time of the fire?

BRACKENREID  
That's right. The coroner says the victim was shot before being burned. You didn't find a gun of any kind, did you? Or cartridges, bullet casings?

CRABTREE  
No, sir, but I noticed the investigators being quite thorough in sifting through the remains of the house. I am confident that, had such things been present, they would have been noted.

BRACKENREID  
All right, Crabtree, get your report into shape and we'll see where we are.

CRABTREE  
Yes, sir.

BRACKENREID  
Doctor Ogden recovered one bullet from the victim's body; I'd like to have you examine it. And one more thing. Don't talk to any reporters about this case. That goes for you as well, Higgins.

CRABTREE and HIGGINS  
Yes, sir.

BRACKENREID  
Bloody reporters are all over this story! I've had to speak to three reporters already today, and I've tried to be discreet. In some cases, I try to give the newspapers the impression that I know less than I do, but in this case, I think I'd maybe like to play it a little differently. I might not want the killer to read anything in the newspapers that may give him the idea that we're stumped; maybe I'd rather give the impression that we have a pretty good idea who he is, and we're hot on his trail.

(BRACKENREID turns very somber.)

BRACKENREID  
Even if we aren't. (pause) But however I'd like to play it, I want you lads to let ME do the talking, right? So, no talking to reporters, both of you!

(CRABTREE and HIGGINS understand. CUT TO: Establishing shot of Toronto, next morning [Friday]. CUT TO: Ext. Station House Number Four. CUT TO: Int. Station House Number Four, Brackenreid's office. There is a meeting in progress. The door is closed. BRACKENREID and OGDEN are seated. MURDOCH, CRABTREE and LENSKY are standing.)

BRACKENREID  
All right, let's find out where we are. Doctor?

OGDEN  
The body is without a doubt that of Gerald Edward Stroman. Records from the prison arrived early this morning, and they report injuries to bones and condition of the teeth of Gerald Edward Stroman, which match exactly those of the man who died in the fire. General bodily measurements further support this finding. The cause of death was gunshot wounds to the chest. He was shot at least four times.

(OGDEN pauses as if finished.)

LENSKY  
(piping up) We found at the scene of the fire, in the bedroom area, two empty bullet casings. As an old Army man, I can say that these casings seemed to me to be from military pistol rounds, but I would not consider myself an expert on that.

CRABTREE  
I will be consulting someone who is an expert, Mister Lensky, and he will review what we have found, and possibly tell us what kind of weapon may have been used.

BRACKENREID  
You've consulted McWhirter, have you, Crabtree?

CRABTREE  
McWhirter, yes, sir.

BRACKENREID  
There's no better man for the job.

LENSKY  
Very well. The fire was without any doubt deliberately set on Wednesday evening. Witnesses confirm the fire had spread throughout the house by nine-thirty at night, so I estimate the fire was set perhaps five to ten minutes earlier, nine-twenty, twenty-five or thereabouts. A chemical agent, most likely kerosene, was used to cause the fire to spread rapidly. My preliminary assumption is that kerosene was spread around the kitchen and ignited, and the arsonist fled. The fire quickly spread to every room in the house.

MURDOCH  
Did you find any empty container that could have been used to transport the kerosene?

LENSKY  
Yes, and no. We found containers, yes, but they could be ordinary kitchen containers. There were some empty jugs and bottles, but I cannot say that any of them was out of place in the kitchen, and I cannot confirm that any of them was used to hold kerosene.

MURDOCH  
Were you able to ascertain anything else?

LENSKY  
Yes. I believe someone broke into the house though a rear window. The house had a front door and a back door, both doors having formidable iron locks. The doors were burned, but the locks were not. Both locks were engaged. In addition, I found and preserved one window from the rear of the house, which shows signs of having the glass scored, and then removed.

BRACKENREID  
You mean, someone used a tool to cut some of the glass from the window, then removed the glass?

LENSKY  
Exactly. With that glass gone, the person could have reached through and unlatched the window, and entered.

MURDOCH  
A very quiet mode of entry. And since the doors remained locked, presumably this window was also the mode of escape.

BRACKENREID  
All right. (prompting) Crabtree?

CRABTREE  
I have spoken to numerous witnesses but have uncovered very few leads. No one saw who may have set the fire; there were some mentions of a stranger in the area perhaps an hour before the fire, but there is no reliable details of what he looked like and no consistency among the witnesses as to his appearance. No witnesses heard any gunshots at any time.

MURDOCH  
George's report and Mister Lensky's analysis do give me several possible avenues for investigation. I will be following up on those leads today.

BRACKENREID  
Right. For my part, I've been responding to demands for information from newspaper reporters. From what I've been able to gather, the reporters are more in the dark than we are. I've passed the word that no one in the Constabulary is to talk about this case except for me. I'd like to convey the impression that the Constabulary has more evidence than I'm letting on, and if the killer doesn't know what we're up to, maybe he'll make a mistake. (harumphing) But it's a fair wager that even if we flush out the killer, he won't be convicted. The reality of it seems to be that nearly everybody thought that Stroman deserved what happened to him.

(OGDEN and MURDOCH exchange looks. BRACKENREID takes a breath and continues.)

BRACKENREID  
But whoever killed Stroman is a murderer, and it's not our job to decide which murderers ought to escape prosecution. (as if remembering something) Oh, I haven't told the reporters anything about gunshots, yet. All I've told them is that we are confident this was a murder and not an accident. I'm not going to tell them a thing about the firearm or the locked doors or the window entry.

(BRACKENREID turns somberly toward MURDOCH.)

BRACKENREID  
Murdoch, the readers of newspapers are hungry for details about this murder, and the newspaper reporters are trying to satisfy that hunger. You're apt to find that the reporters are hunting down witnesses about as zealously as you are.

MURDOCH  
(concerned) Yes, I understand, sir; I'll take that into consideration when George and I speak to the witnesses.

(CUT TO: A nice neighbourhood, mid-morning [Friday]. MURDOCH and CRABTREE are outdoors and speak to Fred PERCY, a middle-aged man. Off to the side are the ruins of the house, barricaded off.)

MURDOCH  
Did you know Mister Stroman well, Mister Percy?

PERCY  
I didn't know him at all. I lived next door to him for nearly fifteen years. We never even said hello to one another. I didn't even know his name until constables came around one day asking questions and told me he— (with difficulty) he— he had killed his little boy. (choking up) I used to see the little boy playing in the yard, a sweet little fellow.

(MURDOCH and CRABTREE find themselves affected by PERCY's words.)

MURDOCH  
(indicating the ruins) And you saw the fire?

PERCY  
Yes. I telephoned the fire brigade at about nine-thirty. Almost the whole house was on fire. By the time the firemen arrived, the house was as much on fire as it could be, I guess.

MURDOCH  
Just before the fire, did you see anything, did you hear anything, unusual?

PERCY  
No.

MURDOCH  
Now, I understand that you spoke to this constable (indicating CRABTREE) earlier, and you mentioned that you may have seen a stranger in the vicinity some time before the fire broke out?

PERCY  
Yes, I did. I didn't know the man, and never saw him before, as best I can remember.

MURDOCH  
And could you describe this stranger for me?

PERCY  
Oh, a young man in his twenties, average height—

(CRABTREE nods to himself.)

PERCY  
Light coloured hair, cut pretty short—

(CRABTREE stops nodding, and listens intently.)

PERCY  
Walked with a bit of a limp, carrying what looked like a can of liquid—

(MURDOCH is intrigued, but CRABTREE is stunned.)

PERCY  
He was looking around, as if he was checking to see whether anyone was watching, but I don't think he saw me. Not long after I saw him, the fire broke out.

CRABTREE  
(interrupting) Excuse me, sir, but as you may recall, we spoke yesterday morning.

PERCY  
Yes, I remember.

CRABTREE  
When I asked you to describe the stranger you saw, you said nothing to me about light-coloured hair, or a limp, or carrying a can!

PERCY  
(genuinely surprised) I didn't?

CRABTREE  
No, sir, you did not!

(MURDOCH puts his hand on CRABTREE to tell him to back off from confrontation.)

MURDOCH  
I just want to be certain, Mister Percy— the stranger that you remember seeing—?

PERCY  
Well, as I just described him to you, that's how I remember him.

MURDOCH  
I see.

PERCY  
And that's how everyone else remembers him, as well.

MURDOCH  
(leery) Everyone else?

PERCY  
Well, when I spoke to that newspaper reporter last night, he asked me whether I saw the man with the limp before the fire, and I said I was pretty sure I did. And the reporter asked me, 'He was carrying a can, wasn't he?' And I said, 'Come to think of it, I think he was.' So obviously other people saw the same man and told the reporter about him.

(MURDOCH and CRABTREE exchange worried looks. FADE OUT.)


	3. Act 3

ACT III

(FADE IN. Establishing shot of Toronto, daytime [Friday]. CUT TO: A city street. MURDOCH and CRABTREE are standing outside a shop with Conrad DARCY, a shopkeeper, suitably attired.)

MURDOCH  
You mentioned to Constable Crabtree here that you thought you saw a strange man in the area, before the fire broke out?

DARCY  
Yes, I did. He looked like he had light hair, and maybe a beard, and he was carrying something, but I couldn't see what it was. Oh, and he had a limp. His right leg was bad, I think.

(CRABTREE makes a somewhat sour face.)

MURDOCH  
(tactfully) Now, is that the description you gave to Constable Crabtree?

DARCY  
I— I think it was, wasn't it?

CRABTREE  
(respectfully) No, sir. You mentioned no details of the man's appearance. You told me only that he was a stranger.

DARCY  
Oh. Well, those details that I just gave are what I witnessed. You know, one of the newspaper reporters mentioned that other witnesses had seen those very same details.

(MURDOCH looks unsettled. CUT TO: A neighbourhood near the site of the fire [Friday]. MURDOCH and CRABTREE are standing outside with Ellis TUNNEY, a retired gentleman.)

MURDOCH  
And could you describe this stranger that you saw, about half an hour before the fire started?

TUNNEY  
Light hair, almost blond; average height. I noticed he limped a bit. He was carrying something, a paint can, maybe, which could've been something combustible, I suppose.

(MURDOCH and CRABTREE look briefly at one another.)

CRABTREE  
Mister Tunney, when you and I spoke earlier, you mentioned nothing about any such man.

TUNNEY  
(somewhat at a loss for words) Well, I didn't remember him at first, but now I do. In fact, I remember him quite clearly.

MURDOCH  
By any chance, did someone else ask you about this man? Someone OTHER than a constable?

TUNNEY  
Yes, I spoke to two reporters. They asked about the man, and I told them the same thing.

MURDOCH  
Think very carefully, Mr. Tunney. Did YOU tell the reporters that the man you saw had a limp, or did THEY first mention the limp to you?

(TUNNEY is at a loss for words; he tries to remember.)

MURDOCH  
Were you asked by a reporter, for example, 'Did the man have a limp?'

(TUNNEY thinks very carefully, and then answers slowly.)

TUNNEY  
The first reporter I talked to, he asked, 'Do you remember the man having a limp?' And I said I wasn't sure. And he said that others had mentioned a limp, and he was wondering whether I as well noticed a limp. And I said that I thought there might have been a limp. And then the reporter asked me whether he was carrying something, a paint can, perhaps, or something like that. And I said that I wasn't sure, but he could've been.

(MURDOCH is again unsettled. CUT TO: Int. Station House Number Four, later in the day [Friday], Brackenreid's office. MURDOCH, BRACKENREID, and CRABTREE are all standing. BRACKENREID is red-faced with anger.)

BRACKENREID  
BLOODY HELL! Some newspaper reporter has been telling the witnesses what happened?! And the witnesses have been changing their recollections to agree with what the reporter said?!

MURDOCH  
That seems to be the case. We have it from at least three witnesses that parts of their testimony were, or may have been, suggested to them by a reporter. The witnesses' own recollections are now less reliable because the witnesses have adjusted their memories to align with what they have been told everyone else has said.

BRACKENREID  
(seething) WHICH reporter has been doing this?

MURDOCH  
That is unclear. There seems to be general agreement that it was just one person; and that whoever is suggesting these facts to the witnesses, is a man. His name, we don't know.

BRACKENREID  
(still seething) What newspaper does he work for?

MURDOCH  
That also is unclear. No one can remember the newspaper he said he represented, and he left no calling cards.

(BRACKENREID seethes some more but says nothing. MURDOCH, after some hesitation, speaks again.)

MURDOCH  
It is possible that he is not a reporter for ANY newspaper. He may not be a reporter at all. He may be a man posing as a reporter in order to muddy the memories of the witnesses, to tell them that they must have seen things that they in fact did not see.

CRABTREE  
Which may mean he is in league with the killer. He is certainly acting for the benefit of the killer, by tampering with the witnesses that might testify against the killer.

MURDOCH  
Perhaps. George, we need to find this reporter.

BRACKENREID  
Bloody well right you do! The amount of damage he might do, not just to this case, but to future investigations—

(BRACKENREID shudders at the thought.)

MURDOCH  
(to BRACKENREID) Sir, you yourself have been talking to several reporters.

BRACKENREID  
(defensive) Yes, what of it? MY memories haven't been corrupted!

MURDOCH  
Are you satisfied that all of those to whom you've spoken are reporters that you know personally?

(BRACKENREID takes a moment.)

BRACKENREID  
Most of them are.

MURDOCH  
But not all of them?

(BRACKENREID is momentarily unsure.)

MURDOCH  
Were any of them men?

(BRACKENREID grits his teeth.)

BRACKENREID  
Yes. There was one reporter who I couldn't quite place; I couldn't remember ever speaking to him before. He sounded legitimate. He asked me to comment upon various rumours, and I told him I wouldn't do that. He said his name was— (trying to remember) — was — (snaps his fingers) — FOSTER! I remember because he had the same last name as one of Margaret's old friends.

MURDOCH  
And that, sir, is our first major clue toward finding this suspected witness tamperer!

(CUT TO: Establishing shot of Toronto, later in the day [Friday]. CUT TO: A city street. CRABTREE stands waiting on a corner, leaning against a lamppost; he is approached by Louise CHERRY. CRABTREE notices her approach and straightens up.)

CRABTREE  
Ah! Thank you for coming!

CHERRY  
What do you have for me, Constable Crabtree? Your message sounded most urgent.

CRABTREE  
It is urgent. I urgently need your help.

CHERRY  
My help? You have nothing to tell me?

CRABTREE  
I have something to ask you. We are trying to find a particular reporter. A man. We believe his name is Foster.

CHERRY  
(suspicious) May I ask, for what reason you wish to speak to a reporter other than me?

CRABTREE  
I cannot tell you that, I'm sorry. Do you know a Mister Foster?

CHERRY  
If I agree to answer your question, will you agree to answer one of mine?

CRABTREE  
I cannot make such a bargain. (with urgency) Do you know the man?

(CHERRY takes a moment.)

CHERRY  
I don't know him personally. His name is Francis Foster.

CRABTREE  
What newspaper does he work for?

CHERRY  
I don't believe he works for any newspaper. He is an independent. He writes stories and sells them to periodicals. Has he something to do with the Stroman case? Is he a suspect?

CRABTREE  
Do you know how I can find him?

CHERRY  
(coyly) Perhaps. Is he a suspect, Constable Crabtree?

CRABTREE  
I cannot answer that, I'm sorry. Can you help me to find him; and also, can you describe him for me?

(CHERRY purses her lips in frustration. CRABTREE makes a plea with his eyes, then CHERRY seems to relent.)

CHERRY  
(slyly and quietly) You owe me, George Crabtree.

(CRABTREE's expression indicates a tacit agreement. CUT TO: Ext. Station House Number Four, later in the day [Friday]. CUT TO: Int. Station House Number Four, Brackenreid's office. MURDOCH and BRACKENREID are standing, looking over a typed report on the desk. MURDOCH points out a few things he sees in the report, as does BRACKENREID.)

MURDOCH  
Here. Mister Lensky was correct. The ammunition used to kill Mister Stroman was almost certainty military.

BRACKENREID  
And was almost certainly fired by a pistol used in the Army, the British Army.

MURDOCH  
A pistol that is not generally available to the public. Or even to local police.

BRACKENREID  
That seems pretty solid. (indicating the report) McWhirter knows his subject. So! Stroman was shot by someone who is military or ex-military.

(MURDOCH and BRACKENREID look up from the report and stand straight.)

BRACKENREID  
But I'm not certain that gets us much closer to finding the killer.

MURDOCH  
It is just one piece of the puzzle, yes.

(MURDOCH and BRACKENREID are interrupted by a knock on the door; it is CRABTREE.)

CRABTREE  
Sirs, I thought you might like to talk to Mister Francis Foster? I found him.

(MURDOCH and BRACKENREID exchange looks. CUT TO: Interview Room. FOSTER is in the chair. MURDOCH and BRACKENREID sit opposite. FOSTER is a young man, dressed reasonably well, and rather nervous.)

FOSTER  
I deny that. I deny everything.

MURDOCH  
You deny suggesting to potential witnesses in a criminal prosecution that they ought to change their stories?

FOSTER  
I do deny that, I do!

MURDOCH  
You deny suggesting to these witnesses that a potential suspect in the Stroman homicide was carrying a can, or walked with a limp?

FOSTER  
Those are details THEY told ME! Of course I inquired whether people saw the same person or different people! If any of these people witnessed someone or something different from the others, all they had to do was say so! (adamant) There's nothing wrong with what I did!

MURDOCH  
(equally adamant) We cannot have potential witness testimony corrupted! WE are trying to catch a murderer!

FOSTER  
(incredulous) Are you? You certainly must KNOW that even if you catch the killer, he won't be convicted! Read any Toronto newspaper! Ask any man or woman on the street! Everyone is PLEASED that Stroman is dead! Nobody wants to send Stroman's killer to the gallows. If anything, they want to shake his hand!

(MURDOCH and BRACKENREID try to keep poker faces, but FOSTER smirks.)

FOSTER  
You know I'm right. You're wasting your time. Whoever did this, he won't go to the gallows. Or prison. And the general public will be completely content with that. In fact, if what the so-called 'witnesses' have told me is any indication, I doubt you'll even arrest him.

(FOSTER looks confident but not cocky. MURDOCH sighs. BRACKENREID looks slightly ill. CUT TO: Street of Toronto, afternoon [Friday]. CRABTREE is on his way somewhere, but he checks some shop windows to see whether everything is all right in the shops. Rutherford QUIGLEY, an ordinary-looking man in his early forties, physically fit, approaches CRABTREE. QUIGLEY us carrying a small burlap sack. There is nothing unusual about QUIGLEY's gait; he has no limp.)

QUIGLEY  
(sincerely) Constable, I would like to have you place me under arrest.

(QUIGLEY hands the sack to CRABTREE, who takes it despite being puzzled. QUIGLEY simply stands, waiting to be arrested.)

CRABTREE  
(stunned) Sir?

QUIGLEY  
I wish to confess to a crime. I murdered Gerald Edward Stroman.

CRABTREE  
(still stunned) You say what, sir?

QUIGLEY  
I am your prisoner, officer.

CRABTREE  
(indicating the sack) What is this?

QUIGLEY  
Proof of my guilt.

(CRABTREE assesses the situation; he opens the sack briefly and peers inside, then quickly closes the sack. QUIGLEY just stands there, waiting. CRABTREE nods and speaks with authority as he accepts the surrender and takes QUIGLEY into custody.)

CRABTREE  
This way to the Station House, sir. I advise you most strongly not to give me any trouble.

QUIGLEY  
I will give you no trouble.

(QUIGLEY is clearly in the custody of CRABTREE; the two walk off. CUT TO: Ext. Station House Number Four, shortly thereafter [Friday]. CUT TO: Int. Station House Number Four, Interview Room. QUIGLEY is in the chair, guarded by CRABTREE. MURDOCH sits opposite. BRACKENREID, wearing no suitcoat, stands distant and observes. On the table, close to MURDOCH, is the sack.)

MURDOCH  
Mister Rutherford Quigley—

QUIGLEY  
My friends call me 'Ford.'

MURDOCH  
May I ask, Mister Quigley, why you wish to confess to taking the life of Gerald Edward Stroman?

QUIGLEY  
Because I did that very thing. And because the newspapers quote the Chief Inspector saying that the Constabulary is narrowing its list of suspects, and I figured you would find me eventually. (with difficulty) And because, as a Christian man, I was, and am, moved to confess my sins and accept punishment.

MURDOCH  
(with suspicion) As a Christian man, you would have been aware of the divine prohibition of murder. Why, then, did you kill Gerald Edward Stroman?

QUIGLEY  
(with bitterness) Stroman cruelly killed his own child in a fit of unpardonable rage. For that, Stroman deserved punishment. When it became clear the law would not punish him, I was— I felt— I thought— I consulted the Scriptures, and was directed to a passage in the ninth chapter of Genesis, 'Whoso sheddeth the blood of man, by man shall his blood be shed.' I took this to be a sign, a command to administer the justice that the law would not administer.

MURDOCH  
So you initially felt this passage from the Bible justified your actions?

QUIGLEY  
Yes.

MURDOCH  
And now you no longer think so?

QUIGLEY  
(slowly) After doing what I had done, I was haunted by my own conscience, and I wondered whether I had indeed done the right thing. So I decided to discuss my actions with my pastor, the Reverend James Kenmore.

MURDOCH  
When did this discussion take place?

QUIGLEY  
Earlier today, at his church. Reverend Kenmore explained to me that my interpretation of Scripture was in error, and he further urged me to confess my crime to the authorities. And so here I am.

(MURDOCH exchanges a quick look with BRACKENREID, then stares intently at QUIGLEY.)

MURDOCH  
In your own words, Mister Quigley, tell me what you did.

QUIGLEY  
I killed Stroman by shooting him in his home as he slept. I knew he was sleeping because he snored loudly and I could hear his snores from outside his house. I entered the house and shot him in his sleep. I then dragged his body to the kitchen and set his body— and his house— on fire.

MURDOCH  
What door did you you use to enter the house?

QUIGLEY  
I used no door. I tried the back door, but it was locked. So I entered through a rear window.

MURDOCH  
This window was unlocked, I take it?

QUIGLEY  
No, the window was latched. But I took out one of the panes of glass, reached in, unlatched the window, then opened the window and entered.

MURDOCH  
(feigning disbelief) You're telling me you broke a window without waking Mister Stroman?

QUIGLEY  
I did not break the window. (pointing to the sack) I cut the pane with a tool and removed the glass.

(MURDOCH opens the sack and removes a glass cutting tool, and places it on the table. QUIGLEY nods.)

QUIGLEY  
That tool, yes. Once inside the house, I followed the sounds of snoring to Stroman's bedroom.

MURDOCH  
But this was at night, wasn't it? How could you see where you were going?

QUIGLEY  
By moonlight. That night was the first clear night in many nights, and the moon was just past full. Moonlight through the windows helped me to see. And I saw Stroman, sleeping on his back in the bed. I drew my revolver, and took a pillow that was on the floor. I said a short silent prayer. Then I fired four shots, I think, through the pillow, to muffle the sounds when I shot Stroman.

MURDOCH  
You fired into his head?

QUIGLEY  
No, into his chest. His heart. Stroman never stirred. He never knew what killed him. My revolver is in that sack. I disassembled it.

(MURDOCH opens the sack and extracts a revolver, in pieces. The cylinder chambers are empty. MURDOCH quickly assembles the pieces and lays the assembled revolver on the table near the glass cutting tool. MURDOCH then extracts from the sack a single unfired bullet, and places it on the table.)

QUIGLEY  
I don't have the empty cartridges from the bullets that I used. I disposed of them at the scene.

MURDOCH  
Where did you get this firearm, Mister Quigley?

QUIGLEY  
I was an officer in the British Army. This was my sidearm. Only a few officers were issued revolvers like this.

(BRACKENREID looks grim.)

MURDOCH  
After shooting Mister Stroman, what did you do?

QUIGLEY  
I took him by the feet and dragged him, face up, to the kitchen. Then I spread kerosene on his body and around the kitchen. I made certain to get kerosene on the things that would burn: the wood, the curtains.

MURDOCH  
Where did you get the kerosene?

QUIGLEY  
I brought it with me in a glass jug. Heavy thing. I'm sorry, I didn't bring the jug with me today; I left it in Stroman's kitchen, next to some bottles. Then I started the fire and left.

MURDOCH  
You left through which door, the front or the back?

QUIGLEY  
Neither. I went out through the same window I used to go in.

(BRACKENREID gives a subtle nod.)

QUIGLEY  
I walked away. I didn't run. I didn't look back. I just walked back home. And I went to sleep. I slept well. But the next day, I found I was asking myself some disturbing questions, and so today, I decided I had to talk to my friend, Jim Kenmore, Reverend Kenmore.

(CUT TO: Brackenreid's office, later the same day. BRACKENREID, still not wearing his suitcoat, paces while MURDOCH stands still.)

BRACKENREID  
No doubt about it! Quigley killed Stroman! He knew everything: that Stroman has been shot, that a military weapon was used, that entry and egress were through a window, that the window pane had been cut with a glass-cutting tool! None of that was in the newspapers! The only way he could know those things is: he's guilty!

MURDOCH  
He knew other details of the crime as well; details only the killer could know.

BRACKENREID  
And your interrogation, Murdoch, it confirmed that he knew things only the killer would know. You laid some traps for him, and he avoided all of them! I'd say we've got our man!

(CUT TO: Ext. Station House Number Four, shortly thereafter [Friday]. BRACKENREID, now more neatly groomed and wearing his suitcoat, addresses a group of REPORTERS, including CHERRY and FOSTER. Off to the side, MURDOCH watches.)

BRACKENREID  
We've got our man. He has confessed to killing Gerald Edward Stroman. We also have ample corroborative evidence that the confession is valid. His stated motive for the act was that he was enraged that Stroman would not be punished fully for the crime of killing his own child. The name of the man who has confessed is Rutherford Quigley.

CHERRY  
(shouting) How do you spell that name?

BRACKENREID  
(curtly) Just like it sounds: Rutherford Quigley. He—

CHERRY  
(interrupting) Does this Rutherford Quigley match the published descriptions of the suspected criminal? Does he walk with a limp?

(Other REPORTERS rush to add similar questions: 'Is he blond?', etc. MURDOCH reacts, but keeps his facial expressions emotionless. BRACKENREID holds up his hand to demand quiet, and the REPORTERS settle down.)

BRACKENREID  
Quigley does not have a limp, he did not have other attributes of an individual many of you have described in your reports and whom you have said is a suspect. The man described in your reports is NOT a suspect. We have the actual criminal suspect in custody, and have laid charges against him.

(REPORTERS shout questions but FOSTER out-shouts them all, and his question is heard clearly.)

FOSTER  
Inspector Brackenreid: Do you believe for one moment that there is ANY chance that the killer of Gerald Edward Stroman will be hanged for doing what he did? Isn't it more likely that the public will demand that he be released, if not rewarded, for acting in the name of justice?

(Other REPORTERS join in, asking similar things. BRACKENREID gets very stern, but not angry. Again, he raises his hand to urge quiet, and the REPORTERS settle down.)

BRACKENREID  
Now, you listen; all of you! The person who killed Stroman did NOT act in the interests of justice! He broke the law! In Ontario, Canada, we have a SYSTEM to carry out justice! It's not a perfect system; no system ever is! But we don't go chucking it in the refuse just because it sometimes leads to a result we don't like!

(The REPORTERS scribble in their notebooks, taking down what was said. BRACKENREID points his finger accusingly and becomes more adamant.)

BRACKENREID  
In our system of justice, we don't have vigilantes! We don't have mob rule! We don't permit people to appoint themselves as judge, jury, and executioner! We are a civilized people! That means, we have laws, and we stick to them!

(BRACKENREID pauses a moment to let his lecture sink in. The REPORTERS scribble furiously in their notebooks. MURDOCH is duly impressed.)

BRACKENREID  
Our job, as the Constabulary, is to investigate crimes. The killing of Gerald Edward Stroman was a crime! And our job, as the Constabulary, is to collect evidence and identify and arrest those people who have committed crimes. We did our job! We have arrested a man who, as demonstrated by the facts we found in our investigation, committed the crime, and who confessed to it. It is not our job to release a confessed murder simply because some people think the victim deserved to be murdered! It is not our job to decide whether or to what degree this Quigley ought to be punished! That function is left up to the courts! I repeat: the Toronto Constabulary did its job!

(The REPORTERS mumble, awed by the intensity of the speech they'd just heard. MURDOCH smirks a little.)

BRACKENREID  
If you really want to educate your readers, print what I just told you. (slightly sarcastic) If you missed any of it, I can repeat it, word for word!

(BRACKENREID stands back, satisfied. The REPORTERS continue scribbling. BRACKENREID and MURDOCH look at one another and smile a little. FADE OUT.)


	4. Act 4

ACT IV

(FADE IN. Establishing shot of downtown Toronto, morning three days later [Monday]. CUT TO: a Toronto city street. Several citizens are marching in a parade of protest. Many carry signs saying things like 'FREE QUIGLEY' and 'STROMAN'S PUNISHMENT WAS JUSTICE; QUIGLEY'S PUNISHMENT IS INJUSTICE' and 'QUIGLEY IS INNOCENT' and the like. Some of the marchers chant, but do not yell, 'Let Quigley go!' CUT TO: Int. Station House Number Four, Brackenreid's office. Close-up of a newspaper which has headlines such as 'QUIGLEY CONFESSION COERCED?' and 'QUIGLEY HAS ALIBI, SAY SIX WITNESSES' and 'LAWYER PROMISES ROBUST DEFENSE FOR QUIGLEY.' BRACKENREID is shown standing next to his desk, looking over the newspaper laid out on his desk. BRACKENREID has an expression with a modest degree of disgust. Also in the office is MURDOCH, standing.)

BRACKENREID  
Well, we knew this would happen, didn't we? We knew there would be those who wanted Quigley to get away with murder.

MURDOCH  
(grim) I suppose so, but after you made your public announcement about Mister Quigley's arrest, some evidence HAS come to our attention that his confession may be invalid.

BRACKENREID  
You mean those witnesses who have come forward to say Quigley had an alibi?

MURDOCH  
Yes.

BRACKENREID  
They're all lying. They just want him to escape the consequences of his crime.

MURDOCH  
I am not so certain that they are all deliberately falsifying evidence. As you know, I was contacted over the weekend by four people who claimed that Rutherford Quigley had an alibi. I spoke to all of them. Their stories were all fairly consistent, and I got the distinct impression that they had not invented their stories. Their stories do not give Mister Quigley a solid alibi, however, as all of the witnesses have said they saw Mister Quigley several minutes before the fire, not at the time of the fire; but they all agree that he was some distance away from the scene of the crime when they saw him.

BRACKENREID  
Maybe Quigley was planning to kill Stroman that night, and was trying to establish some sort of alibi beforehand.

MURDOCH  
Perhaps. (indicating) The newspaper identifies at least two other independent witnesses who claim to have seen Mister Quigley on the night of the fire. I, or Constable Crabtree, will be interviewing those people shortly.

BRACKENREID  
(softening a bit) If these witnesses are not lying, then they're mistaken. Maybe Foster or some other reporter is out there asking people to remember things they don't really remember. In any event, we know we have the guilty man in custody.

MURDOCH  
It is certainly possible that these alibi witnesses are honestly mistaken. I must interview them to determine what they actually witnessed. In addition to these witnesses, I plan to speak today with others who might corroborate Mister Quigley's confession.

(CUT TO: Ext. of a church, same morning. CUT TO: Int. of the church. MURDOCH and Rev. James KENMORE sit in pews, conversing. KENMORE is the same age as QUIGLEY, and wears a clerical collar.)

MURDOCH  
Reverend Kenmore, do you know Rutherford Quigley?

KENMORE  
Yes. Ford has been a very close friend for years. And he is a member in good standing at our church.

MURDOCH  
How long have you known each other?

KENMORE  
Since our days in the British Army. After we were discharged, we both decided to live in Toronto. (smiling) He is godfather to my two sons. And he was the best man at my wedding, and I was the best man at his wedding.

MURDOCH  
(a bit surprised) Mister Quigley did not tell us he was married.

KENMORE  
His wife died in childbirth about three years ago; his only infant son was lost as well. Tragic.

MURDOCH  
(sincere) I'm sorry to hear that. (back to business) Mister Quigley has told us that, two days after the Stroman house burned, he spoke with you. Your church caretaker—

KENMORE  
Mrs. Gillis, yes.

MURDOCH  
Mrs. Gillis confirmed that the two of you met here at the church on Friday morning.

KENMORE  
(uncomfortable) Yes, Ford and I did speak on Friday morning; but Detective—

MURDOCH  
And according to Mister Quigley, he told you what he had done—

KENMORE  
(interrupting) I must stop you right there! I have taken a vow that anything Ford said to me must be held in confidence. And you are not allowed to ask me about it.

MURDOCH  
(taken aback) Oh?

KENMORE  
I am right about that, aren't I? The law cannot compel me to disclose anything confided to me in private by one of my congregants? I know that a Catholic priest is not required to divulge to the law anything heard in confession—

MURDOCH  
That is true.

KENMORE  
— And I understood that same rule applies to non-Catholic clergy in private meetings with members of their churches.

MURDOCH  
(carefully) Penitent-Clergy conversations can be privileged, yes, but since Mister Quigley came to you as a friend—

KENMORE  
But he didn't come to me as a friend. He came to me because I am a preacher of the gospel. And we spoke as congregant and pastor. And, without going into detail, our discussion was substantially— religious.

MURDOCH  
Ah. Mister Quigley did mention that there were certain religious aspects in your discussion. But he also mentioned that your discussion was, as to some topics, non-religious. And it is the non-religious aspects that interest me. Can you at least confirm that he confessed SOMETHING to you, about the fire?

KENMORE  
I cannot say.

MURDOCH  
If you feel you cannot divulge what HE told YOU, can you confirm that you advised him to go to the police?

KENMORE  
I cannot say. (firmly) I cannot say anything. It wouldn't be right.

MURDOCH  
(trying a different approach) You understand, don't you, that Mister Quigley has already made a full confession to the police? Your silence will not be protecting your friend, and speaking to me will not be betraying your friend.

KENMORE  
(a little annoyed) My friendship with Ford Quigley has nothing to do with it. It is a matter of principle. In my status as a pastor, my discussions with my congregants must remain private.

(MURDOCH sighs as he realizes he will get nowhere with further questioning.)

MURDOCH  
Well. Thank you for your time, Reverend.

KENMORE  
I trust I will hear no more from you about this matter?

(MURDOCH rises, as does KENMORE. MURDOCH ignores the pending question.)

MURDOCH  
Good day, Reverend.

(MURDOCH turns to leave. CUT TO: A Toronto street in a residential area, with some very nice houses. CUT TO: The porch of one of the houses. CRABTREE is speaking to Antoinette MAYE, a well-dressed woman of some obvious status or dignity.)

MAYE  
Until today, I thought the Toronto Constabulary had a good reputation. But now I am not so certain; and it seems to me that there may be some corruption in your organisation. Is it true that the police maintain that Ford Quigley has confessed to killing that monster, Stroman?

CRABTREE  
He has made such a confession, yes.

MAYE  
Impossible! That fire occurred on Wednesday night last week, did it not?

CRABTREE  
Yes, ma'am, it did.

MAYE  
Well! On that particular Wednesday night, there was a lecture at the University of Toronto by Doctor Stephen Garvey about the subject of the play 'Julius Caesar,' by Shakespeare. The lecture began at seven o'clock in the evening and ended at nine o'clock. I was in attendance; and so was Ford, that is, Rutherford Quigley. I would swear to that in court.

CRABTREE  
How do you know Mister Quigley, ma'am?

MAYE  
He was my late husband's commanding officer while he was serving in South Africa. My husband spoke very highly of him. During my husband's lifetime, we called upon Ford occasionally.

CRABTREE  
Perhaps Mister Quigley left the lecture early?

MAYE  
(adamant) He most certainly did not! He was sitting about ten rows in front of me. I saw him leave after the conclusion of the lecture; I had hoped to say hello to him but did not have the opportunity.

(CRABTREE, somewhat uncomfortable, takes notes. CUT TO: Int. Station House Number Four, Murdoch's office. MURDOCH sits at his desk. CRABTREE stands, and makes a report reading from his notes.)

CRABTREE  
And Mrs. Maye, as well, is certain that she saw Mister Quigley at the lecture at or shortly after nine o'clock.

(CRABTREE closes his notebook.)

CRABTREE  
In other words, sir, three seemingly reliable and independent witnesses saw Mr. Quigley at nine o'clock on the night of the fire. Their stories are consistent, they all say he attended a lecture about Shakespeare; and they are quite certain that it was Mister Quigley.

MURDOCH  
(troubled) I spoke today with two other witnesses who said essentially the same thing. I do not believe they invented their stories. (pause) Nor do I believe that any reporter, or anyone else, suggested to them that Mister Quigley was at the University of Toronto when in fact he was not.

(MURDOCH sighs, then rises.)

MURDOCH  
The fire started at about nine-twenty-five. The witnesses saw Mister Quigley at nine o'clock, but not at nine-twenty-five. Could he have traveled from the lecture at the University of Toronto to the Stroman house in less than half an hour?

CRABTREE  
Yes, but it would be difficult to do on foot. He would have had to run at a very brisk pace.

MURDOCH  
Assuming he went on foot. He may have used a horse or automobile. Regardless of his mode of travel, he would have had to, at some point, retrieve a heavy jug of kerosene.

CRABTREE  
And he would have had to cut the glass on the window, enter the Stroman house, shoot Mister Stroman, drag his body to the kitchen, pour out the kerosene—

MURDOCH  
All of which would be difficult to do in the available time. (with some conviction) Difficult, but not impossible.

CRABTREE  
What does Mister Quigley have to say about getting from the lecture to the Stroman house?

MURDOCH  
Nothing. Mister Quigley is now being represented by a lawyer, free of charge, I understand. The lawyer has advised Mister Quigley to say nothing further to us, and Mister Quigley has decided to follow his lawyer's advice.

(CUT TO: Ext. Murdoch's home, early evening [Monday]. CUT TO: Int Murdoch's home. MURDOCH and OGDEN are having dinner.)

OGDEN  
So Quigley has retained a lawyer?

MURDOCH  
A lawyer from a prominent firm has offered to represent him pro bono publico, that is, at no charge. Because the case is drawing so much publicity, this lawyer is getting a lot of free advertising.

OGDEN  
I suppose that is a good thing. Every citizen charged with a capital crime ought to have representation. Perhaps the lawyer will obtain for his client a sentence less harsh than death.

MURDOCH  
If the newspaper reports are any indication, this lawyer wants more than that. He is claiming that Mister Quigley is innocent, and that the confession we obtained was coerced and invalid.

OGDEN  
But it wasn't coerced!

MURDOCH  
No, it wasn't. But the only witnesses to the confession were police officers, and the lawyer would be expected to say that we would conspire to cover up our acts of coercion. Also, there are several witnesses who have come forward to say that they saw Mister Quigley about twenty or twenty-five minutes before the fire started, and that he was at a location that was more than twenty-five minutes away from the scene of the crime.

OGDEN  
Quigley must have traversed that distance somehow.

MURDOCH  
It would seem so. But we have no idea how he could have done it. If by foot, he would have had to run nearly the entire way.

OGDEN  
By automobile?

MURDOCH  
Mister Quigley did not own a motorcar. Nor did he own any kind of rapid transportation: a bicycle, a horse—

OGDEN  
(slightly sinister) Perhaps someone helped him. Someone who did own a motorcar, for example.

MURDOCH  
That thought had occurred to me. It is possible that Mister Quigley did not act alone. He may have had an accomplice who helped him establish his alibi at the University of Toronto, then quickly transported him to the Stroman house, where he committed the crime.

OGDEN  
I suppose the assistant might not even be a criminal accomplice, but may have been unaware of what Quigley's intention was?

MURDOCH  
Mister Quigley told us a great many things. But he mentioned no innocent assistant. And no innocent assistant has come forward to give evidence. More to the point, we have no evidence whatsoever of any assistant or accomplice of any kind.

(MURDOCH is troubled; he sighs.)

MURDOCH  
It would be a strange thing indeed if a confessed murderer were allowed to go free because he chose to make the Crown prove its case against him in court, without reliance upon his confession, and the Crown were unable to do so.

(OGDEN is troubled as well. CUT TO: Ext. Station House Number Four, next morning [Tuesday]. CUT TO: Int. Station House Number Four, constables' area. MURDOCH is in his office reviewing a report, but exits his office when CRABTREE comes in, dressed in athletic clothes and dripping sweat. CRABTREE is tired. MURDOCH comes up to CRABTREE.)

MURDOCH  
Well, George, what did you find out?

CRABTREE  
I ran from the University of Toronto to the Stroman house. My pace was, I thought, rather quick, although my speed slowed over time. My only hindrance was some of the traffic.

MURDOCH  
And you timed yourself?

CRABTREE  
I did, sir. I traversed the distance in twenty-seven minutes. I must say, sir, that the distance seems much shorter on a map than it is in real life.

MURDOCH  
You say you were hindered by traffic. How much time would that hindrance account for?

CRABTREE  
Certainly no more than two minutes, sir.

(MURDOCH is troubled.)

MURDOCH  
It would seem there would not be enough time for Mister Quigley to get to the scene of the crime, if he ran.

CRABTREE  
It is possible that he was in better physical shape than I am, and could run more rapidly. He did seem to be physically fit.

MURDOCH  
He would have to be able to run MUCH more rapidly than you, George.

(MURDOCH ponders, then turns to CRABTREE.)

MURDOCH  
Get some rest, George, get cleaned up, have some lunch, and then get back into uniform.

CRABTREE  
(smiling) Yes, sir.

(CUT TO: Brackenreid's office. BRACKENREID sits at his desk, looking over a newspaper. One headline reads, 'QUIGLEY CONFESSION IS FALSE, SAYS LAWYER.' BRACKENREID is seething. MURDOCH stands nearby. BRACKENREID gestures at the newspaper as he rants.)

BRACKENREID  
He's innocent, they say! Quigley's confession is codswallop, they say! He couldn't have done it, they say! I ask you: what is the world coming to, Murdoch, when newspapers can print such— such— rubbish! And get away with it! We KNOW that Quigley is guilty! We KNOW we didn't do a single improper thing to make him confess! We KNOW that he knew details of the crime that only the killer would know! And now there is this— this— crusade to try to free a man who broke the law and committed the horrendous crime of cold-blooded murder! What is the world coming to?

MURDOCH  
I am afraid I must report with some confidence that there are at least six witnesses who, if called to testify at his trial, will give Mister Quigley a good alibi.

BRACKENREID  
HOW good an alibi?

MURDOCH  
I would say a quite credible alibi. These witnesses all saw Mister Quigley at a lecture at least twenty minutes before the crime commenced, and that he was more than twenty minutes away from the scene of the crime. The only obvious weaknesses in their testimony would be: that none of these witnesses interacted with Mister Quigley at the lecture, they only claimed to see him; and that Mister Quigley has as far as we know NO witnesses who can give him an alibi at the actual time of the crime.

BRACKENREID  
You say we know of six credible witnesses. Chances are that Quigley's lawyer knows of even more!

MURDOCH  
Yes.

BRACKENREID  
And when the Crown presents its case and we have to show independent witnesses who actually place Quigley at the scene of the crime, we have none!

MURDOCH  
(uncomfortable, nodding) I spoke by telephone with counsel for the Crown a few minutes ago. He says that if the confession is successfully challenged, prosecuting Mister Quigley for murder is going to pose numerous practical difficulties. The Crown prosecutor may feel that he may be unable to prosecute Mister Quigley at all.

BRACKENREID  
(flustered) Fine! Let the Crown's prosecutor take the blame for letting Quigley go!

MURDOCH  
He has already told me that if he is required to let Mister Quigley go free, he will have no choice but to say publicly that his action was due to the Toronto Constabulary being unable to produce sufficient evidence of the accused's guilt.

BRACKENREID  
(hardly believing it) The man confessed! He came in here voluntarily and gave us a sack of evidence! He told us exactly what he did, and we know that his story is true!

MURDOCH  
(slowly, as if realizing something) We DO know his description of the crime is true.

(MURDOCH nods knowingly. BRACKENREID continues ranting.)

BRACKENREID  
We didn't botch the case, we solved the crime! How is this OUR bloody fault?

MURDOCH  
It is not our fault.

BRACKENREID  
The bloody newspapers say it is! Quigley's lawyer says it is! And if our own prosecutor says it as well, then— Oh, bloody hell! (after a few seconds of fuming, turning icy calm) There has to be an explanation, Murdoch! Maybe the alibi witnesses are lying, or mistaken, or corrupted by over-eager reporters. Maybe the timeline is wrong! Maybe Quigley had help! Maybe the man at the university lecture wasn't really Quigley! Whatever the explanation is, we've got to find it!

MURDOCH  
That we do, sir; and I believe I know where to find that explanation.

(FADE OUT.)


	5. Act 5

ACT V

(FADE IN. Ext. of Kenmore's church, same morning. CUT TO: Int. of the church. MURDOCH and CRABTREE, with hats in hand, enter the sanctuary respectfully. CRABTREE remains near the back of the sanctuary, and checks behind himself, then faces toward MURDOCH, who makes his way down the aisle, where he finds KENMORE attending to the trappings around the altar and pulpit. KENMORE looks up and sees MURDOCH and is exasperated. KENMORE approaches the pews, and KENMORE and MURDOCH converse while standing in the aisle.)

MURDOCH  
Reverend Kenmore, I wonder whether I may ask you a few more questions.

KENMORE  
I knew you'd be back. I read the newspapers. They say that, according to witnesses, Ford Quigley could not have committed the crime because he was too far away. And you now want to ask if Ford confessed to me how he got from the university to the Stroman house in such a short period of time. Well, let me repeat, Detective, that I must hold all such conversations as confidential!

MURDOCH  
I am not here to ask you what Mister Quigley may or may not have confessed to you.

KENMORE  
(suspicious) You— you aren't?

MURDOCH  
Not at all.

KENMORE  
Oh.

MURDOCH  
But I do have some questions for you.

KENMORE  
(still suspicious) Questions NOT related to things told to me in confidence?

MURDOCH  
(smiling) Exactly. Perhaps, we could sit?

(KENMORE nods, and he and MURDOCH sit on a pew. CRABTREE listens from a few feet away.)

MURDOCH  
I should tell you, Reverend, that I KNOW— from other evidence and witnesses— that most of what Mister Quigley confessed to the Constabulary was true. I do not need your testimony to corroborate his confession.

KENMORE  
(puzzled) Oh?

MURDOCH  
But I also KNOW that at least one significant thing Mister Quigley confessed to the Constabulary was NOT true.

KENMORE  
Oh?

MURDOCH  
Yes, you see: Our investigation of the Stroman killing has yielded us quite a bit of information about the details of the crime: how entry into the Stroman house was made, how the crime was committed, and so forth. These are details that have not been published in the newspapers. When Mister Quigley surrendered himself to the Constabulary and confessed, Mister Quigley knew ALL of these secret details. Naturally, his demonstrated knowledge of the specifics of the crime led us to believe that he was the killer, since no one but the killer would know these things.

KENMORE  
(not seeing where this is going) Uh, huh.

MURDOCH  
All of these details he told us were true. But as I mentioned, he told us one significant thing that was not true.

KENMORE  
(puzzled) And that was?

MURDOCH  
That Mister Quigley committed the murder.

(KENMORE's eyes go wide.)

MURDOCH  
Apart from the Constabulary and its investigators, nobody knew the details of the killing. Except Mister Quigley. (pause) And you.

KENMORE  
(shakily) I knew it! You want to ask about things said to me in confidence!

MURDOCH  
No, Reverend, I do not! I am not asking about any confession that Mister Quigley made to you, because I do not believe he made any confession to you. I think it was the other way around. YOU confessed to HIM!

(KENMORE stands. A glance at CRABTREE shows him that his quickest way out of the church is blocked. MURDOCH stands as well, and by his body language, indicates that flight is not an option.)

MURDOCH  
The weapon used to kill Mister Stroman was a sidearm issued to some officers in the British Army. You were in the British Army, just as Mister Quigley was.

(KENMORE glances around. There is no obvious way out.)

MURDOCH  
Here is what I think happened. You were enraged by the release of Gerald Edward Stroman, furious that he had escaped punishment. You went to the Stroman house and killed him, PRECISELY in the manner as Mister Quigley described. Later, it was not Mister Quigley's conscience that was haunting him, it was YOUR conscience haunting YOU! So you contacted your friend, Mister Quigley, and told him what you'd done. In great detail. And then Mister Quigley came to us and told us that HE had done those things. In equal detail. So now, I have two questions for you Reverend. One, do you have any witnesses who could attest to your whereabouts last Wednesday evening? Your wife? Some friends?

(KENMORE does not answer verbally, but the distress on his face is the answer.)

MURDOCH  
And two, did Mister Quigley tell you that he would be taking the blame on your behalf?

KENMORE  
No, he didn't tell me he was going to do that! (a bit quieter) Not explicitly, anyway.

MURDOCH  
You gave him your Army sidearm and your glass cutter, didn't you?

KENMORE  
Yes, but he didn't tell me he would use them to bolster his confession to you.

MURDOCH  
So you were going to let him face the noose, even though you knew that you were the guilty one?

KENMORE  
The— I was— The newspapers said Ford wasn't going to go to the noose!

MURDOCH  
Did that make it right to let your friend risk his life and reputation for you? You knew it to be wrong, just as you knew it was wrong to kill Mister Stroman in cold blood. 'Thou shalt not commit murder.'

KENMORE  
(with a bit of defensive fury) That injunction of the Commandments applies to the murder of innocents! Stroman was NOT innocent! He killed his adorable little boy in a fit of rage! He deserved to be put to death! 'Whoso sheddeth the blood of man, by man shall his blood be shed; for in the image of God made He man!' Genesis chapter nine, verse six! That little boy was innocent! He was a child of God! What I did was administer divine justice!

MURDOCH  
What you did, sir, is break the law!

KENMORE  
Yes! But God's law supersedes man's law!

MURDOCH  
You can make that argument to a judge!

(There is a brief moment of calm. KENMORE's posture suggests he surrenders. MURDOCH speaks evenly.)

MURDOCH  
I can surmise that you and Mister Quigley realized that, if you confessed to your crime, you would be taken away from your wife and children.

KENMORE  
(meekly) Yes. Ford did this for me because he has no wife, no children. And because he cares more about my family and me than he does about himself.

MURDOCH  
Let's go, Reverend.

(In the rear of the sanctuary, CRABTREE looks behind himself once again, and peeking out from behind a wall is CHERRY, with her notepad. CHERRY is stunned. CHERRY and CRABTREE watch silently as MURDOCH leads KENMORE past them, and out of the church.)

CRABTREE  
You heard all that, did you?

CHERRY  
Yes. All of it.

CRABTREE  
(firmly) Was THAT confession coerced?

CHERRY  
No.

CRABTREE  
Then I trust that you will report so in your next article.

CHERRY  
I— I will, George Crabtree, yes.

CRABTREE  
And I also trust that you will publish retractions of errors made in your earlier reporting?

(CHERRY says nothing. CRABTREE goads her.)

CRABTREE  
After all, you want the reputation of being the reporter who got the story RIGHT, don't you? You don't want the reputation of being the reporter who peddled a basket of falsehoods to your readership, just to sell more newspapers, do you?

CHERRY  
I will tell the story straight. But I feel I must tell you: the public will not be happy with a church pastor being punished for going to Gerald Edward Stroman and administering jus—

CRABTREE  
(interrupting) He did NOT administer justice! Reporting THAT would not be accurate!

(CHERRY relents, and does not finish her sentence.)

CHERRY  
Nevertheless, I would wager that when all is said and done, he will not hang.

CRABTREE  
You may be right. But it is up to our courts to decide that. Our courts weigh evidence and reasoned argument and written law and precedent; they are not supposed to be moved by public opinion. Still. Let's wait and see. You may well be right.

(CRABTREE and CHERRY turn and exit the church. FADE OUT.)

THE END

* * *

AUTHOR'S NOTE: One of the most enjoyable things about writing mysteries is finding surprising things in my own stories... that I did not put there, consciously.

In this story, one of my discoveries is that Brackenreid can be a hypocrite, and yet be completely unaware of his own hypocrisy.

For one thing, Brackenreid deliberately feeds misleading or incomplete information to the press; but is infuriated when the press reports information from others that he feels is misleading.

For another thing, Brackenreid is outraged at the press questioning witnesses in such a way as to suggest what the witnesses' answers ought to be; but when Murdoch uses EXACTLY the same technique when interrogating Quigley, Brackenreid thinks it's brilliant! -DH


End file.
